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LEGAL ISSUES
Basic e-libel (Libel on the Internet):
By: Denise Jordan P. Arenillo (Fortun Narvasa & Salazar)
Modern times call for modern means of communication. Over the years, the Internet has outpaced the snail mail system and even the telephone as the fastest means of reaching millions of people worldwide.
The term “Internet” refers to a collection of networks connected by routers. The Internet is the largest network in the world and is comprised of a number of backbone networks such as MILNET, mid-level networks, and stub networks. The World Wide Web is one of the applications using the Internet as a base infrastructure. The term Web is commonly used to refer to the Internet.
Communication over the Internet partake of various forms, the most common of which are e-mail services, chat sites, forums and electronic bulletin board posted on websites. With the advent of the so-called Internet age, a new type of cyber crime is slowly inching its way into the limelight. E-libel or libel committed over the Internet is the newest animal in the world of criminal law.
E-libel is committed in a single millisecond, but its effects and its consequences can be felt worldwide. This type of libel is unique as it is committed over the Internet by any person from any location, and the libelous statements are published or posted through a medium which is accessible anywhere in the world.
Looking at e-libel from the perspective of a legal practitioner in the Philippines, it has been observed that libel cases resulting from the malicious posting or publication are slowly proliferating especially with the advent of blogs, forums or electronic bulletin boards and websites where libelous or defamatory statements may be posted, picked-up and re-posted on other sites.
First, some definitions.
A blog is defined as a website where entries are commonly displayed in reverse chronological order according to date. It can also refer to a verb which means to maintain or add content to a blog. Many blogs provide commentary or news on a particular subject; others function as more personal online diaries. A typical blog combines text, images, and links to other blogs, web pages, and other media related to its topic. The ability for readers to leave comments in an interactive format is an important part of many blogs.
An electronic or on-line bulletin board is a computer system accessible by modem, set up to allow users, especially of microcomputers, to exchange messages, software, etc., usually in a particular field of interest.
A website is a location on the World Wide Web, consisting of one or more Web pages accessible at a single address. It is a repository of information which under Philippine laws, falls under the category of a “service provider” which is defined as an online services or network access, or operator of facilities, including entities offering the transmission, routing, or providing connections for online communications, digital or otherwise, between and among points specified by the user, of electronic documents of the user’s choosing; or the necessary technical means by which electronic documents of an originator may be stored and made accessible to a designated or undesignated party.
In simple terms, service providers are those entities that provide the forum or site where any person with Internet access can post articles, pictures and blogs; communicate with other people, send and receive information and data.
These fora may also be used to harass, annoy, threaten, malign and intimidate practically anyone since the Internet is accessible to anyone in the world who has a computer or internet enabled device such as a mobile phone or PDA. Bloggers or people who write the blogs, or those who post defamatory statements in electronic bulletin boards can hide under fictitious names or personalities since the only way the defamatory statements or publications may be traced through their ISP or IP addresses. IP addresses are just binary numbers that uniquely identify an individual’s computer connected to the Internet.
Websites and other service providers merely shrug off liability by posting warnings or statements that they are not liable for any offensive content that their members or users post on their site. Most if not all perpetrators of libel practically go unscathed and unpunished since libel in the internet is virtually unregulated by the websites or service providers except for general warnings that any explicit or offensive materials may be removed if reported.
Libel may be committed by (a) the author of the blog or defamatory post or comment or material on the website, (b) the service provider or website (c) or any person or service provider who republishes or reposts the defamatory statements on any other site.
Libel is covered under the general category of the crime of defamation which is defined as the offense of injuring a person‘s character, fame or reputation through false and malicious statements. It is the publication of anything which is injurious to the good name or reputation of another or tends to bring him into disrepute. Defamation then is an invasion of a relational interest since it involves the opinion which others in the community may have, or tend to have, of the offended party.
Libel under Philippine criminal law is defined as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause dishonor, discredit or contempt of a natural or juridical person, or blacken the memory of one who is dead. It is defamation which is committed by means of writing, printing, lithography, engraving, radio, phonograph, painting or theatrical or cinematographic exhibition, or any similar means. The term “similar means” includes libel committed over the Internet.
Libel may be committed if the following elements are proven in a court of law, to wit:
1. There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance;
2. The imputation must be made publicly;
3. The imputation must be malicious;
4. The imputation must be directed at a natural or juridical person, or one who is dead; and the imputation must tend to cause the dishonor, discredit or contempt of the person defamed.
What is interesting is that in the Philippines, a number of e-libel cases involve well-known companies, celebrities, TV personalities, scions of politicians, or politicians themselves. Rival companies may likewise make use of the Internet to bring down the other through malicious publication of defamatory statements.
What constitutes libelous material on the internet which may be prosecuted under Philippine jurisdiction?
Almost anything posted on the Internet may fall libelous material as long as it ascribes or imputes a crime, or possession of a vice or defect, whether real or imaginary, or any act, omission, condition, status or circumstance which tend to cause dishonor or destroy the person’s reputation. Any matter posted on the Web which tends to injure the reputation or to diminish the esteem, respect, goodwill or confidence in the offended party or to excite derogatory feelings or opinions about him is presumed malicious.
Words calculated to induce suspicion are sometimes more effective to destroy reputation than false charges made. A charge of libel is sufficient if the words used are calculated to induce the hearers to understand that the person against whom they were uttered was guilty of certain offenses, or are sufficient to impeach his honesty, virtue or reputation, or hold him up to public ridicule.
How can the author be identified?
The Internet does not preclude the identification of the perpetrator, as the electronic trail may be traced from the web server back to the individual computer. However, privacy laws such as those in the United States prevent the web servers from revealing such information but once the case is filed in court, an order may be issued compelling these websites or servers to divulge an individual’s ISP or other relevant information necessary for the identification of the author and publisher of libelous matter.
Posting of libelous material in websites is covered by the general definition of libel since publication as an element of libel is the dissemination of the defamatory matter to some third person or persons.
In the crime of e-libel, the defamatory matter is communicated to millions of people worldwide who have Internet access.
Where should the libel case be filed?
Philippine laws provide that the libel charge should be filed in the place where the libelous matter was first published or where the offended party actually resides at the time of the commission of the offense. In e-libel cases under Philippine jurisdiction, the offended party may opt to file in his place of residence, or institute the case practically anywhere in the Philippines, since “publication” on the Internet is tantamount to posting the same all over the world, all at the same time.
What are considered malicious statements?
Every defamatory statement or imputation is presumed under Philippine law as malicious even if these statements are true. This means that malice need not be proven except if the statement or material is a private communication made by a person to another because it was his legal, social or moral duty to do so, or is a true and fair report, made in good faith, without any comment or remarks of any judicial, legislative or other official proceeding which are not of confidential nature or any act performed by public officers in the exercise of their functions.
The person subject of the libelous material must be clearly identified in the blog, forum or website where the material is published. It is not necessary that the name of the person defamed or subject of the libelous material be explicitly mentioned, what is important is that based on the material published or posted, the person is reasonably designated to enable others to identify him.
It must be shown that at least a third person or a stranger was able to identify him as the object of the defamatory statement.
A person who knowingly reposts libelous material is also liable under Philippine case law. The maker of a libelous republication or repetition, although not liable for the results of the primary publication, is liable for the consequences of a subsequent publication which he makes or participates in making so long as the elements of libel are satisfied. One is liable for the publication of defamatory words against another although he is only repeating what he heard and names the source of the information.
Finally, in most libel cases, the right to free speech is put in issue. However, such defense does not give perpetrators of e-libel, the unbridled right to post material that destroys the reputation and person of others.
Liberty of speech consists merely of a right to print what one chooses, without any previous license, but the subject should be held responsible for its injurious consequences. The right of man to be secure against malicious calumny is more important than free speech or press freedom.
In the end, awareness that the crime exists is important to protect one self from being a victim of e-libel, but it is just the first step in the fight to stop the use of the Internet to violate the rights and privacy of others.
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CORPORATE NEWS
DTSI partners with Five9 to provide hosted call center solutions for the Philippines market
Five9, Inc., the leader in on-demand call center solutions, and Anthem Solutions, Inc., a subsidiary of Diversified Technology Solutions, Inc. (DTSI) and the leading systems integrator and technology solutions provider in the Philippines, announced a partnership enabling Anthem Solutions to provide hosted call center services based on the Five9 Virtual Call Center™. The new partnership is designed to deliver a comprehensive set of hosted call center solutions to the Philippines’ growing industry of call center outsourcers.
The on-demand Five9 Virtual Call Center integrated with Anthem Solutions facilities and extensive expertise in delivering call center solutions will provide any call center seeking to quickly expand with the ability to do so, while minimizing the need for upfront capital expenditures. The use and cost-effectiveness of deploying the hosted service is an important benefit for call centers looking at the Philippines, but wanting control of their captive operations. With Five9 and Anthem Solutions, call centers can be up and running immediately, and quickly expand to address the needs of new and existing customers.
“In the last year, we’ve seen a tremendous increase in the demand for hosted call center services from our customers,” said Miguel Garcia, president and managing director of Anthem Solutions, Inc. “Being able to provide them with the facilities and a full line of hosted call center solutions, opens the door for more businesses to quickly expand or develop call centers to better serve their clients or to reach prospective customers. We looked at several hosted call center providers before selecting Five9, and found it to offer the highest quality VoIP and service flexibility for our customers.”
“As the leading systems integrator in the Philippines, DTSI’s subsidary will provide Five9 with great reach into the Philippines’ growing call center industry, delivering versatile call center solutions to the country’soutsourcers,” said Brian Silverman, Five9’s president and CEO. “We look forward to being involved in the launch of Anthem Solutions and collaborating with them to offer customers more options and greater flexibility in their call center options.”
“Hosted call center solutions can be readily adapted to meet the needs of outsourcers, a growing group that already makes up the majority of call centers in the Philippines,” added Jim Dvorkin, Five9 CTO. “This partnership will provide Anthem Solutions customers with multi-tenant capabilities, allowing outsourcers to seamlessly handle multiple contracts and campaigns with crystal-clear voice quality on Five9’s Virtual Call Center. The hosted solution will enable outsourcers to deploy and expand the size of their call center quickly and affordably with little overhead.”
The new services will be available through Anthem Solutions within 30 days. For more information, contact Anthem Solutions at 212-463-0043 or at www.anthemsolutions.net.
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HOTEL HAPPENINGS
Devarana SPA features guest Thai therapist
Thai Massage is an interactive manipulation of the body using passive stretching and gentle pressure along energy lines. These movements help adjust the skeletal structure, increase flexibility, relieve muscular and joint tension, stimulate internal organs and balance the body’s energy system.
The effect is uniquely relaxing as well as energizing. Receiving a Thai massage is a bit like doing yoga without putting forth any effort while also getting acupressure treatments.
The work displays an inherent knowledge of the inner workings of the body, a knowledge that developed over centuries of practice, a knowledge that was mastered by Thai Therapists Ms. Yupaporn Pana and Ms. Supichar Meeboonya.
Ms. Pana and Ms. Meeboonya are two of Devarana Spa’s guest Thai Therapist starting September 1 until end of October.
Both are from Devarana Spa, Bangkok, Thailand and are looking forward to pleasing spa clients with authentic Thai massage and other superb variety of spa treatments offered at Devarana Spa including facials, body, water and beauty treatments.
Relax and experience a balanced body, mind and spirit at Devarana Spa and let Ms. Pana and Ms. Meeboonya relieve your stress away.
Feel the heavenly touch of Devarana Spa, located at the second floor of Dusit Hotel Nikko. For inquiries, call 867-3333 or 818-7081.
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HEALTH BULLETIN
Stress
You go through some form of stress every day, and you cannot go though life without it. Stress is a part if your daily routine and it is something everybody is exposed to. Sometimes, certain events in your life– positive or negative –that require a major adjustment may result in stress.
People react to stress differently. If you don’t learn to deal with stress, your body, mind and emotions may take the beating.
Health-related problems that may result from stress include:
• Headaches
• Upset stomach
• Skin rash
• Insomnia
• Ulcers
• High blood pressure
• Heart disease
• Stroke
• Feelings of distrust
• Sense of rejection
• Constant anger
• Depression
• Nervous breakdown
Stress does not always get the better of you. Once you learn how to handle it, you can actually make it work for you. Artists and executives deal with stress every day, even using it as a motivation to design their new work or close their next biggest sale. Managed properly, stress can help you win competitions, meet pressing deadlines and come up with a brilliant solution to a seemingly hopeless situation.
Handling Stress
Be attuned to your emotional and physical responses to stress factors. Have you been depressed lately? Or have you felt so hopeless because nothing can seem to be done about a certain situation? Do you experience nervousness or ulcer attacks? Has something seemed to affect your digestive system? When did you start feeling this? These are questions you shouldn’t try to evade. Face them, and try to know what they mean to you.
Know your limits.
Recognize the fact that you are a human being with your own strengths and weaknesses. You cannot do everything at once. If a heavy workload is the source of stress, delegate tasks and responsibilities. Cut down on activities if they start causing you sleepless nights or frayed nerves. Ask for help and support from your loved ones. Do not push your health to its limit. Pull back from a situation before it pushes you down.
See if you can minimize the stress factors.
If quitting your job were unfeasible, would taking a break help? If a nagging problem at home worries you, would talking to your spouse about the problem lighten up the atmosphere? If your workload seems to take out the joy in life, would the though of treating yourself to the nearest spa after a deadline cheer you up?
Acquire a sober perspective on the situation.
Sometimes, dramatizing the situation brings about stress. Feelings of being overwhelmed can come from a wrong belief that the problem is insurmountable. Should you really dwell on the things that your overcritical boss tells you? Are there other solutions that you can apply to your problem, if what you initially applied failed? Try to put a positive spin on things. How can these so-called problems be turned into opportunities?
Manage your body’s reaction to stress.
Take slow, deep breaths to bring your respiration and heart rate back to normal. A massage can lessen muscle tension. If necessary, a doctor would prescribe medication.
Make sure you are physically healthy.
Staying in shape strengthens your heart and nerves and builds up your muscles. Engage in activities that are good for your heart: walking, swimming, cycling or jogging three to four times a week helps. Your meals should be balanced and nutritious. Quit smoking and drinking. Sleep a regular eight hours a day. Learn to take regular breaks.
Be kind to yourself.
Take time to contact your friends and maintain other personal relationships outside the home or workplace. Set some goals for yourself beyond your responsibilities to other people; determine the things that you want to do for yourself alone and make a reasonable, evenly paced schedule to do them. Do not set unrealistically high expectations for yourself-life has its share of frustrations and failures. If you think you have failed at something, don’t knock yourself on the head with it; pick yourself up and pat your shoulder for encouragement and move on.
—“Your Health and Wellness (An Asian Hospital & Medical Center Guide)”
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TRAVEL
Summer getaway along the Okanagan Valley
Whenever I tell people that I spent my vacation in the province of British Columbia, Canada, the first thing that comes to their mind is Vancouver. I honestly think that Vancouver is a beautiful city but there is certainly more to see and do in BC.
Traveling in July is an excellent time to experience BC’s beautiful scenery in the Okanagan Valley. Okanagan Lake, measuring 110 kilometers (68 miles) long, this long stretch of water and valleys is the sight of bright blue skies, beautiful mountain landscapes and clear blue water. Surrounding it are lush berry farms, orchards and vineyards that add color to the scenic views.
Driving along the Okanagan valley was a relaxing experience to be cherished. Our first stop was Vernon known for its gentle climate and relaxed lifestyle that has led to its reputation as one of the most desirable areas in Canada. A quick stop at the historic O’Keefe Ranch about 15 minute drive outside of Vernon made the trip more interesting. This must-see landmark brings its guests back in time to the late 1800’s, when cattle ranchers were settlers of this bountiful land. Founded in 1867, the ranch was named after Cornelius O’Keefe who became one of the richest men owning over 20,000 acres of prime Okanagan land which was used for grazing cattle and planting of orchards. Today, the family’s ancestral home and surrounding area have been converted to a museum where one can still see a genuine blacksmith shop, artisan shop, an old wooden church and a quaint general store that also served as the town’s only post office.
Those who live here have the comforts of urban living amidst the genuine splendor of the scenic outdoors that are suitable for hiking along lakeside and mountain trails. What I find most charming about it are the family-owned orchards and grocery stores that cater to the local community and tourists. For golf aficionados, Okanagan Valley is also known to have some of the “finest” golf courses in BC.
After a day or two, it was time to head off to Kelowna the largest city in the area with a metro population of 150 000. Kelowna is a tourist town as well as attracting large numbers of retirees that come to enjoy the long warm summers and relatively mild Canadian winters. Approximately 18% of the population is over 60. The area has miles of beautiful parkland near sand beaches that lure you to the playgrounds for a variety of outdoor activities. It is also known as the “Napa Valley” of Canada and is gradually gaining recognition for its award winning wines. Well suited for growing grapes, Kelowna lies in a microclimate that sees only 13 inches of rainfall per annum and over 2000 hours of sunshine per year, a hot summer and mild weather from fall through spring.
A trip to Kelowna would not be complete without a visit to its wineries. The Spring and Fall Wine festival offers many activities celebrating wine-making, tasting, and touring. Among the most exquisite and well managed winery is Mission Hill Family Estate. Located on top of a hill overlooking the lake and lush vineyards, the winery is even more striking with its four bells set on a tower. It also boasts of an elegant dining terrace and open auditorium fashioned against a Greek style amphitheater. More importantly, Mission Hill is known around the world for their Sauvignon Blanc, Merlot and Riesling Icewine. To fully savor the experience, we joined a wine tasting tour that explained the winery’s history, and showed how wine was made and how it should be tried and tested.
To cap a full day, we stayed at a charming Bed and Breakfast home that caters to local and foreign tourists. Our clean and comfortable room had a spectacular a view of the Okanagan Lake and the surrounding mountains that provided a scenic backdrop.
So if you’re in Canada and looking to plan the perfect vacation, consider traveling along the Okanagan where the views are stunning and the memories become truly priceless.
Kelowna is located 350 km/3.5 hours drive north east of Vancouver in the Southern Interior region of British Columbia. There are also numerous daily flights available that fly direct to Kelowna from a number of destinations.
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SERVICE DIRECTORY
AIRLINES
Air Canada (Supersonic Services, Inc.)
Phone: (632) 840-4615 to 16
• Fax: (632) 819-5545
Email: supersonic@tri-isys.com
Philippine Airlines
Tel: (632)818-0111
Email: webmgr@pal.com.ph
Website: www.philippineairlines.com
CONSTRUCTION / ARCHITECTS
JCL International, Inc.
(Project and Construction Management)
Tel.: (632) 890-9788 • Fax: (632) 890-9596
Palafox Associates
Architects • Urban Planners • Consultants
Tel: (632)812-7254 to 55 • Fax: (632) 893-9197
Email: jun@palafoxassociates.com • palafox@globenet.com.ph
www.palafoxassociates.com
SNC-Lavalin International
Tel. (632) 751-3386 • Fax. (632) 751-3382
Email: gerry.garcia@snclavalin.com
COURIER / FORWARDER / MOVER
AMJ-Campbell International
Canada premier international moving company
Tel: (905) 795-3807 • (905) 670-6683
Fax: (905) 670-6684
Email: headoffice@amjint.com
Bridge Worldwide Relocations
Bridging the gap.. with global relocation assistance
Tel: (632) 890-3923 • (632) 890-3924
Fax: (632) 897-1373
Email: relocationph@bridgerelo.com
ExecutiveInternational Movers, Inc.
Helping you move with the world
Tel: (632)671-8000 • Fax: (632)671-8338
Email: executiveint@eimovers.com
EDUCATION / TRAINING CENTER
A-Plus Chinese Learning Center
Tutoring, Corporate Training Programs, Integrated Pre-School Program
Tel: (632) 772-1662 to 64
Cora Doloroso Career Centre
Tel: (632) 817-8182 • Fax: (632)752-7494
Email: cora_doloroso@yahoo.com
HOTEL & RESORTS
Asia Divers/El Galleon Resort-Puerto Galera
Tel: (632)834-2974 • Fax: (632) 551-8063
Renaissance Makati City Hotel, Manila
Tel: (632) 811-6888 • Fax: (632) 811-6777
www.renaissancehotels.com
The Bellevue, Manila
Tel: (632) 771-8181 • Fax: (632) 771-8282
Email: tbmnl@thebellevue.com
www.thebellevue.com
GRAPHIC DESIGN & PRINTING
Angelus Graphics & Printing
Tel: (632) 550-1080 • (632) 831-7107
Asiatype Incorporated
Tel: (632) 744-6262
IMMIGRATION SERVICES
Corporate Migration Ventures Inc.
Tel: (632) 759-3682 • Fax: (632) 759-3681
Email: corpmventures@yahoo.ca
INFORMATION & COMMUNICATIONS TECHNOLOGY OUTSOURCING, CONSULTING & ADVISORY
SERVICES
Ambergris Solutions Phils., Inc./Telus Int’l
Tel: (632) 638-9440 • Fax: (632) 638-9445
INSURANCE
Manulife Philippines
Tel: (632) 884-5433 • Fax: (632) 884-2558
Sun Life of Canada (Philippines), Inc.
Tel: (632) 886-6188 • Fax: (632) 849-944
MEDICAL / DENTAL SERVICES
American Eye Center
Better Vision begins at American Eye Center
Tel: (632) 636-0762
Email: info@eyecenter.com.ph
Cellphone: 0917-LASERME (5273763)
PETROLEUM PRODUCTS / OILFIELD DRILLING SUPPLIES & SERVICES
CSA Resources Corporation
Tel: (632) 892-2605 • (632) 892-2528
Fax. (632) 892-2554
Pilipinas Shell Petroleum Corporation
Tel: (632) 816-6501 • Fax: (632) 816-6565
REAL ESTATE / PROPERTY SERVICE
Colliers International
Tel: (632) 888-9988 • Fax:(632) 845-2612
Gateway Property Holdings, Inc.
Gateway Business Park
Cavite premier economic zone
Home of the world -class GBR Museum
Tel: (046) 433-0071 • (632) 892-2916 to 23
Fax: (046) 433-0129 • (632) 812-8408
REPRESENTATIONAL SERVICES
Searep Limited
Email: info@ searep.org.ph
TELECOMMUNICATION
Globe
...bridging communities
Tel: (632) 730-2624 • (0917) 5882210
Nortel Philippines
Tel: (632) 580-5500 • Fax: (632) 580-5530
PLDT Business Solutions
Innovating Technology, Initiating Trends, Inspiring Trusts
Tel: (632) 874-7474
Toll Free: 1-800-100-BIZSOL
Email: bizsol@pldt.com.ph
PLDT
For collect call to CANADA, Japan and Germany...
Dial 108
PLDT International Operator Access Number
MISCELLANEOUS
SGV Foundation
www.sgvfoundation.com.ph
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